Dissertation
Dissertation > Environmental science, safety science > Administration of Environmental Protection > Environmental planning and environmental management > Regional environmental planning and management

Studies on the Realization of Emission Rights

Author GuoGuoDong
Tutor ZuoBin
School Huazhong University of Science and Technology
Course Legal
Keywords Emission rights Transfer of emission rights Asset securitization Relief systems
CLC X321
Type Master's thesis
Year 2010
Downloads 76
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Emission rights and the transfer system is an important legal system that solves environmental issues by using market mechanisms. The core of the idea is to allow the free circulation of emission rights, thus reaching the dynamic balance between the supply of environmental factors and the demand of environmental emissions. Nowadays in China we mainly use rigid norms of administrative law to regulate the system, which is not beneficial to the realization of emission rights. The thesis puts forward the legal basis and the train of thought to build the system aimed at transforming emission system. By joining the design of system of environmental factors with rules of transferring rights in traditional civil law, we realize the configuration of environmental factors in private laws. At the same time emission rights are introduced to the market of security to remove legal obstacles to the transfer of emission rights. Besides, systems that guarantee and relieve tort of emission rights are also regulated so as to ensure the ultimate realization of emission rights.The first part elaborates the legal property and transferability of emission rights. At first it defines the concept of emission rights and tells them apart from another two relevant concepts—ownership of environmental capacity resource and ownership of environmental capacity. Then it categorizes emission rights into quasi-property rights, and analyzes their properties from four aspects. Compared with the general quasi-property rights, emission rights have stronger transferability as they are closely linked to emissions trading.The second part analyzes the initial allocation of emission rights. After summarizing foreign-related legislation and practical experience and taking the actual situation of our country into consideration, the author thinks that the initial allocation of emission rights should mainly be free, and supplemented with other modes as well.The third part makes an in-depth analysis of the circulation system of emission rights from two aspects—the sewage transfer and asset securitization of the emission rights. When it comes to the sewage transfer of emission rights, the author analyzes it from the following aspects, such as transfer of the main profile at home and abroad, connotation, forms and varieties, several aspects of the contract of assignment of the emission rights, etc. A conclusion is drawn that the emission rights must rest to exercise and achieve the market allocation of resources of the environmental capacity. The asset securitization of emission rights starts from feasibility analysis, it mainly studies the specific operation of the ABS model and system design, and puts forward countermeasures and solutions to possible problems.The fourth part mainly studies the guarantee and relief systems of emission rights. The mechanism of safeguarding emission rights is an important guarantee of emission rights. Whether in legislative or judicial level, it should be concerned about. Emission rights are adjusted by two types of legal norms—public law and private law, so public relief and private relief are two ways of relieving emission rights to be taken to ensure the realization of emission rights.

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